Feminist Judgments: Rewritten Criminal Law Opinions

This book demonstrates the difference a feminist approach to criminal law could make in all of our lives.

How might seminal criminal law cases have come out differently had feminist insights been applied to the development of criminal law? This book answers that question by re-writing opinions that implicate critical dimensions of criminal law jurisprudence, from sexual assault law to provocation, cultural defences and the death penalty.'Is it possible to be both a judge and a feminist?' Feminist Judgments: Rewritten Criminal Law Opinions answers that question in the affirmative by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defences to the death penalty. Right now, one in three Americans has a criminal record, mass incarceration and over-criminalization are the norm, and our jails cycle through about ten million people each year. At the same time, sexual assaults are rarely prosecuted at all, domestic violence remains pervasive, and the distribution of punishment, and by extension justice, seems not only raced and classed, but also gendered. We have had #MeToo campaigns and #SayHerName campaigns, and yet not enough has changed. How might all of justice look different through a feminist lens. This book answers that question.